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Prenuptial Agreement Drafting and the K-1 Visa Process

Transcript of the above video:

As the title of this video suggests, we are discussing prenuptial agreements specifically in the context of the K-1 Visa process.

We often see individuals and couples coming together who require a prenuptial agreement and a K-1 fiancée visa. In fact the two can oftentimes go hand-in-hand because you have got a prospective spouse, you want to bring them to the United States and you also feel the need, or both parties may feel the need, in fact in many cases in Thailand I have actually seen situations where the Thai National requests a prenuptial agreement. There is sort of this common misconception that only the American spouse is going to be seeking that. No I have been seen circumstances where it is actually the opposite. You will actually see Thai spouses, or prospective spouses who request prenups as well.

The reason I made this video is because I think there is kind of a common assumption that they kind of are mutually exclusive and in a way they certainly are. One is an immigration case one is more of a family law matter but that being said they can be done in tandem. Generally speaking, one can still maintain their intention to marry, in this instance their Thai fiancée, while still wanting to go ahead and undertake the drafting of up a prenuptial agreement so it is possible to go ahead and be working on both things at once. In fact we oftentimes undertake both the draft of a prenup as well as a K-1 case and we will be processing, the Immigration Division will be processing on one side while one of the Thai attorneys will be working to draft up the Thai version of the agreement. I myself will be dealing with the American counterpart, whatever. But it can be done at the same time. Like I said there is kind of this assumption that you have got to get one done before you start the other. No, your intentions with respect to your fiancée can remain to be getting married without having a prenup yet signed. It is just a matter of working out the details. Generally speaking, it doesn't take a great deal of time to get a prenup drafted up when compared to the overall process of getting a fiancée visa so often times it is somewhat beneficial from a sort of time management efficiency standpoint to go ahead and do both at once to just sort of streamline the process overall.